Fact sheet - FS3046 Special licence conditions for ... · Fact sheet FS3046 Special licence ... Liquor & Gaming NSW Lvl 2 Castlereagh St aymarket NSW 2 Box Sydney NSW 21 Page 3 of

Liquor & Gaming NSW

Page 1 of 7Liquor & Gaming NSW Lvl 6, 323 Castlereagh St, Haymarket NSW 2000 | GPO Box 7060, Sydney NSW 2001 T 1300 024 720 | W liquorandgaming.nsw.gov.au

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Fact sheet FS3046

Special licence conditions for premises in the Sydney CBDBackgroundThe Sydney CBD entertainment precinct contains over 1300 licensed premises. It is an attractive destination for patrons who seek entertainment. The Sydney CBD Plan of Management was developed to mitigate the increased risk of alcohol-related violence associated with the late night concentration of patrons drinking alcohol within the precinct.

Some conditions in the Plan of Management apply to all licensed premises within the precinct, while others apply only to certain licence categories. This fact sheet provides further information on the conditions that apply to different types of licensed premises. Some conditions only apply to premises designated by the Secretary of the Department of Industry, and are notified separately.

The conditions are contained in the Liquor Regulation 2008, which is available from legislation.nsw.gov.au

What are the boundaries of the Sydney CBD Entertainment precinct?The precinct is defined by the map included at Appendix 1.

Licence conditions applying to all licensed premises in the Sydney CBD entertainment precinct Round the clock incident register to be maintained by licenseesThe licensee must maintain an incident register in which the details of the following incidents and associated responses are recorded:

• incidents involving violence or anti-social behaviour occurring on the premises

• incidents of which the licensee is aware involving violence or anti-social behaviour occurring in the immediate vicinity of the premises and involving any person who has recently left, or been refused admission to, the premises

• incidents resulting in a person being asked to leave the premises under section 77 of the Liquor Act 2007 – eg: for being intoxicated, violent, quarrelsome, smoking illegally, or using or possessing illicit drugs

• incidents resulting in a patron requiring medical treatment.

The incident register must be retained for at least three years.

The licensee must, if requested:

• make the incident register immediately available for inspection by a police officer or liquor inspector, and

• allow a police officer or liquor inspector to take copies of the register or to remove the register from the premises.

You can purchase approved incident registers from Liquor & Gaming NSW (L&GNSW) or use an approved electronic form, available from liquorandgaming.nsw.gov.au.

Notification of violent incidents to policeImmediately after becoming aware that a violent incident has occurred causing injury on the licensed premises, the licensee must ensure that:

• all reasonable steps are taken to preserve the scene and retain any implement that was used in accordance with guidelines issued by the NSW Police Force relating to the preservation of crime scenes

• the relevant Local Area Commander or duty officer, NSW Police Force, is advised of the incident by a member of the licensee’s staff (which includes a crowd controller or bouncer)

• any directions given by the Local Area Commander to the licensee or staff to preserve the area where the incident occurred are complied with.

Certain promotional activity prohibitedThe licensee must not promote or publicise:

• any free or discounted drinks (including a “shot”, “shooter” or “bomb”) that are designed to be consumed rapidly on the licensed premises, or

http://www.legislation.nsw.gov.au

http://www.liquorandgaming.nsw.gov.au


Special licence conditions for premises in the Sydney CBD


• any inducement (such as a prize or free give away or similar incentive) to purchase any drink designed to be consumed rapidly on the licensed premises.

This includes promotion by way of drink cards, flyers, vouchers, social media, website, print media or spruiking.

Responsible service of alcohol training requirements applying to licensed premises in the Sydney CBD Entertainment precinctAll staff involved in the sale or supply of alcohol in the Sydney CBD Entertainment precinct must hold a current recognised RSA competency card or a valid Interim Certificate. This includes licensees, managers, staff, crowd controllers, RSA marshals, and bouncers.

RSA competency cards must be renewed every 5 years.

Licence conditions applying to all licensed premises in the Sydney CBD Entertainment precinct where liquor is sold for consumption on the premises‘Lock out’ of new patrons at 1.30am and ‘last drinks’ at 3amMost venues in the precinct are not allowed to admit patrons after 1.30am each day of the week, until 5am or the authorised opening time, whichever is later. Patrons on the premises before 1.30am may remain on the premises until close of business, or leave at any time, but they cannot leave and re-enter after 1.30am.

These venues must also cease liquor sale or supply at 3am. If a venue is authorised to trade past 3am, the venue may remain open for other purposes, but must not sell or supply liquor. Known as last drinks, alcoholic drinks must not be served after 3am.

From 16 December 2016, small bar licensees are able to trade until 2am if their development consent allows.

From 16 January 2017, live entertainment venues can apply for an exemption to enable a 2am lockout and 3.30am last drinks. See liquorandgaming.nsw.gov.au for more information.

Note: Unless declared or listed as high risk, tourist accommodation establishments are exempt.

Exclusion of persons seen drinking or with open alcohol on approach to the venue1

Any person seen drinking an alcoholic beverage on approach to the venue, or carrying open alcohol

on approach to the venue must not be permitted to enter the venue.

Exclusion of outlaw motorcycle- related organisations from licensed premisesThe licensee must not permit any person to enter, or remain on, the premises if the person is wearing or carrying:

• any clothing, jewellery or accessories of the following outlaw motorcycle-related and similar organisations: – Bandidos – Black Uhlans – Brothers for Life – Commanchero – Finks – Fourth Reich – Gladiators – Gypsy Joker – Hells Angels – Highway 61 – Iron Horsemen – Life and Death – Lone Wolf – Mobshitters – Mongols – Mongrel Mob – No Surrender and Outlaws – Nomads – Odin’s Warriors – Outcasts – Phoenix – Rebels – Rock Machine – Satudarah

• the colours, club patch insignia or logo of any of these organisations, or the 1% or 1%er symbol, or

• any image, symbol, abbreviation acronym or other form of writing that indicates membership of, or an association with, any of these organisations.

Certain drinks and other types of liquor sales prohibited during the late trading period.

The following drinks must not be sold or supplied on the licensed premises on any night of the week after midnight until closing or, in the case of premises that

1. This applies if the venue is located in or near an alcohol-free zone (AFZ) or an alcohol prohibited area (APA) under the Local Government Act 1993. For the most recent information, visit cityofsydney.nsw.gov.au/community/safety/alcohol-and-drugs/alcohol-safety

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http://cityofsydney.nsw.gov.au/community/safety/alcohol-and-drugs/alcohol-safety



trade 24 hours, between midnight and 7am (except small bars):

• any drink (commonly referred to as a “shot” or a “shooter”) that is designed to be consumed rapidly*

• any drink containing more than 50% • spirits or liqueur • any “ready to drink beverage” containing more than

5% alcohol • any drink prepared on the premises that contains

more than 30mls of spirits or liqueur (e.g. “doubles”)*.

Note: Small bars are exempt from these drink restrictions.

Restrictions relating to * above do not apply to cocktails, provided that certain restrictions2 are met regarding the sale of cocktails.

A “ready to drink beverage” means an alcoholic mixed beverage that is prepared by the manufacturer.

In addition, the following drink quantity restrictions apply after midnight until closing or 7am (whichever is the earlier) (except small bars):

• Between midnight and 2am: – No more than four alcoholic drinks, or one bottle of wine, can be sold or supplied to the same person at a time.

• Between 2am and 7am: – No more than two alcoholic drinks can be sold or supplied to the same person at a time

– If the venue is subject to the cease service (last drinks) condition, then no alcohol may be sold or supplied between 3am and 5am.

Note: This does not apply to small bars.

Additional licence conditions applying to designated venuesThe Secretary of the Department of Industry may declare that a licensed venue is subject to the following controls relating to glass and RSA Marshals. This may only occur where there is a history of violence, or following a violent incident resulting in a serious injury to a person. Licensees are advised separately if they are required to comply with these conditions.

Glasses prohibited during late trading period on any dayA drink (whether or not it contains liquor) may not be sold or supplied for consumption on the premises in a glass after midnight until closing on any day of the week. For 24 hour trading premises, this restriction applies between midnight and 7am on any day of the week.

A “glass” includes a drinking vessel, or a container (such as a bottle or jug) from which drinks can be poured, that is made wholly or principally of glass.

During these periods, all glass must also be removed from patrons and from public areas of the premises.

Requirement for RSA marshals during certain timesRSA marshals must be engaged during the RSA supervised trading period.

An RSA marshal must not be employed unless the marshal holds a current RSA competency card or Interim Certificate.

An RSA marshal is defined as a person employed to conduct RSA supervisory duties, including:

• monitoring responsible service of alcohol practices by staff

• engaging with staff and patrons to encourage responsible attitudes and practices in relation to the promotion, sale, supply, service and consumption of liquor

• monitoring alcohol consumption and patron behaviour for signs of irresponsible, rapid or excessive consumption of alcohol and for signs of intoxication

• intervening at an early stage to assist in preventing intoxication and anti-social behaviour (intervention may include suggesting that patrons moderate their alcohol consumption by consuming food or non-alcoholic beverages).

Licensees must ensure RSA marshals wear clothing that identifies them as an RSA marshal.

The RSA supervised trading period is:

• from midnight until 3am (or the time the venue is required to cease trading, if earlier)

• on each Friday night, Saturday night, public holiday night, or the night before a public holiday.

2. A cocktail must be included on a publicly displayed cocktail list prepared by the licensee, which itemises the cocktail and the price. Small bars do not need to meet this requirement. Between midnight and 3am, cocktails must not be discounted below the amount payable on the cocktail list. Cocktails must not be designed to be consumed rapidly.

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Conditions applying to licensed vesselsIntoxicated or troublesome people entering the Sydney CBD Entertainment precinct contribute to the risk of alcohol related violence. Similarly, there is a risk involved in taking intoxicated patrons from the Sydney CBD Entertainment precinct onto the harbour.

Vessels that are licensed to sell liquor under the Liquor Act 2007, are not allowed to:

• drop people into the Sydney CBD Entertainment precinct between midnight and 7am

• pick up new passengers from the Sydney CBD Entertainment precinct between midnight and 7am.

Exemption from some conditionsA licensee can apply for an exemption from the conditions contained within the Plan of Management. The Secretary of the Department of Industry will only consider an application where:

• the exemption is unlikely to result in an increase in alcohol-related violence, anti-social behaviour or other alcohol-related harm in the Sydney CBD Entertainment precinct, and

• other measures are in place that will be effective in reducing the risk of alcohol-related violence or anti-social behaviour in and around the premises.

Visit liquorandgaming.nsw.gov.au for the application form AM0655 ‘Exemption from a precinct related special licence condition’.

An application for exemption does not remove the requirement to comply with the condition while the application is being considered.

Written advice will be provided in response to an application for exemption once the Secretary of the Department of Industry has made a determination.

Exemptions for live entertainment venues Licensees of live entertainment venues may apply for an exemption to the lock out and last drinks conditions that will allow a later lock out time of 2.00am and last drinks of 3.30am on nights they provide live entertainment after midnight.

Live entertainment includes:

• events where people are engaged to perform live or pre-recorded music, and

• other performances where performers (or at least some of them) are present in person – for example, theatre, musicals, dance, comedy and variety performances.

Applications can be made using the AM0660 ‘Half-hour live entertainment exemption to 1.30am lock out and 3.00am last drinks’ form.

What are the penalties for not complying with the special licence conditions?A $1,100 penalty notice can be issued for a breach of a liquor licence condition. The maximum court imposed penalty is $11,000, or imprisonment for 12 months, or both.

Any breaches relating to the Sydney CBD Entertainment precinct special conditions are also an offence that may incur a strike under the Three Strikes disciplinary scheme.

Small bars A small bar is a premises operating under a small bar licence issued under the Liquor Act 2007. A small bar is restricted to a maximum of 100 patrons. This licence class has been available since July 2013.

From 16 December 2016, Small bars are permitted to trade until 2am, provided their development consent allows.

From 1 October 2017, small bars in the Sydney CBD and Kings Cross will no longer be subject to the post-midnight drink restrictions preventing the sale or supply of:

• any drink (commonly referred to as a “shot”, “shooter”, or bomb) that is designed to be consumed rapidly

• any drink containing more than 50% spirits or liqueur • any “ready to drink” beverage containing more than

5% alcohol • any drink prepared on the premises that contains

more than 30mls of spirits or liqueur • more than four alcoholic drinks, or one bottle of

wine, per person between midnight and 2am • more than two alcoholic drinks per person between

2am and 7am.

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For further informationTo find out more about the liquor laws, contact L&GNSW:

liquorandgaming.nsw.gov.au [email protected] 1300 024 720

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mailto:contact.us%40liquorandgaming.nsw.gov.au?subject=



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Sydney CBD Entertainment Precinct

Kings Cross Precinct (commenced December 2012)

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Appendix 1. Map of the Sydney CBD Entertainment precinct

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• Do not move any items that may have been involved in an offence unless absolutely necessary. (For example they could get wet. Use gloves to stop transference of your DNA or fingerprints);

• Notify police if any items have been moved or removed from the Crime Scene. (Items may include bottles, glasses, pool cues, clothing, furniture, weapons or cigarette butts);

• Make notes in relation to the incident. Time, date, location, description of offender(s), vehicle(s) involved, weapons used, last known direction of offender(s), any movement of items involved in the incident;

• Secure any CCTV footage and the Security Sign on sheets;

• Obtain any details of witnesses and try to keep all witnesses separated so as to maintain the integrity of their evidence. (Try to persuade witnesses from leaving the premises before police arrive);

• Hand this information to police on arrival; • Be prepared to make a statement to police

regarding the incident.

Note: Interfering with evidence may constitute an offence, leaving you liable to prosecution or disciplinary action, and/or may result in the closure of the premises

Appendix 2. Crime scene preservation guidelines for Sydney CBD entertainment precinctNew South Wales Police ForceCrime scene preservation guidelines for Sydney CBD entertainment precinct licensed premises

• Immediately contact the Local Area Commander or Duty Officer;

• Render any required first aid; • Determine the Crime Scene and remove all persons

from the area. Take all practical steps to preserve and keep intact the area where the act of violence occurred. Cordon off the area utilising bar stools, tables or tape. Consider closing off the area completely for areas such as toilets, hallways or bars. (Remember there may be multiple Crime Scenes);

• Do not allow any persons to enter this area; • DO NOT CLEAN UP ANY CRIME SCENE. You may

be destroying vital evidence; • Assign a member of staff to guard all Crime Scenes

until the arrival of police; • Remember some evidence may not be visible to the

naked eye such as blood, semen, skin cells, saliva, hair or fingerprints;

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Fact sheet - FS3046 Special licence conditions for ... · Fact sheet FS3046 Special licence ... Liquor & Gaming NSW Lvl 2 Castlereagh St aymarket NSW 2 Box Sydney NSW 21 Page 3 of

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